STATE OF M P Vs. SARJU BAI

JUDGEMENT

(1.) The State of M. P. and its functionaries have assailed the judgment and decree passed by learned two Courts below decreeing the suit of the plaintiffs for declaration and injunction in respect of certain land, description whereof has been mentioned in the plaint and which is the subject matter of the suit. According to the plaintiffs/respondents, the suit property was owned by one Imratlal whose sons are plaintiff No. 2 to 5 while plaintiff No. 1 Smt. Sarju Bai is her widow. The suit was filed on 1-5-2000.

(2.) According to the plaintiffs, after the death of Imratlal, they are possessing the suit property as owner. Further, it has been pleaded in the plaint that late Imratlal during his life time submitted Return under section 6 of Urban Land (Ceiling and Regulation) Act, 1976 (for brevity "Act of 1976") in Case No. 172/1989-90. The competent authority under the said Act on 5-6-1991 declared 2.33 acres to be a surplus land. Thereafter, objections were submitted by Imratlal and by deciding those objections, the competent authority passed an order declaring 1.59 acres land to be surplus land. In the master plan, the disputed land is shown to be an agricultural land. Further it has been pleaded that Imratlal in the year 1992 seriously fell ill and was also admitted in the Hospital and ultimately he breathed his last on 24-6-1993. After the death of Imratlal, no notices were sent to the plaintiffs and they were not aware of the proceedings which were pending before the competent authority under the Act of 1976.

(3.) Further it has been pleaded in the plaint that while the suit property is in their possession as owner, the competent authority ex parte directed to issue possession warrant against the deceased Imratlal and illegally without obtaining any possession prepared a document Exhibit D-2 mentioning that the possession of the suit property has been obtained on 14-2-2000 from Imratlal although the possession was never obtained and indeed the said document ex facie is illegal since in the year 1993 Imratlal had already died.